S.I. No. 315/2006 - Rules of the Superior Courts (Taxi Regulation) 2006

S.I. No.315 of 2006

Rules of the Superior Courts (Taxi Regulation) 2006

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act 1924 , section 36, and the Courts of Justice Act 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), and the Courts (Supplemental Provisions) Act 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 25^th day of May, 2006.

I concur in the making of the following Rules of Court.

Dated this 19^th day of June, 2006.

MICHAEL MCDOWELL

Minister for Justice, Equality and Law Reform

S.I. No.315 of 2006

Rules of the Superior Courts (Taxi Regulation) 2006

1.   The Rules of the Superior Courts are hereby amended by the insertion immediately following Order 91 of the following:

“Order 91A

Taxi Regulation Act 2003

1.                    In this Order: -

“the Act” means the Taxi Regulation Act 2003 ;

“licensing authority” has the same meaning as in the Act.

2.                    An appeal to the High Court under section 35(7) or section 36(2A) of the Act shall be commenced by way of originating notice of motion which shall state concisely the point of law on which leave to appeal was given. Such notice of motion shall be issued within twenty-one days of the order giving leave to appeal. The notice of motion shall be entitled in the matter of an appeal under section 35(7) or, as the case may be, section 36(2A) of the Act between the appellant as appellant and the other party to the appeal to the District Court under section 35(3) or, as the case may be, the other party or parties to the application under section 36(2), as respondent or respondents. The grounding affidavit shall exhibit a copy of the application made to the Circuit Court or District Court, any record of the proceedings before the Circuit Court or District Court and a copy of the order of the Circuit Court or District Court. The provisions of Order 61 shall not apply to any appeal from the Circuit Court under this Order.

3.                    An application to a Judge of the High Court under section 36(2 of the Act shall be made by originating notice of motion grounded upon an affidavit sworn by or on behalf of the applicant, which shall set out the facts or circumstances relied upon by the applicant and which it is alleged support the granting of the relief sought. The notice of motion shall be entitled in the matter of section 36(2) of the Act and in the matter of an application between the applicant as applicant and the Superintendent of the Garda Síochána for the district in which the applicant ordinarily resides (and, where the person is the holder of a licence affected, the licensing authority) as respondents. Copies of the originating notice of motion, grounding affidavit and any exhibits thereto shall be served upon the respondents. The Court may at any time direct that copies of the originating notice of motion, grounding affidavit and any exhibits thereto be served upon any other person whom the Court considers relevant or affected by the application and may give directions as to the delivery of any affidavit by any such person.

4.                    In proceedings under this Order, copies of the originating notice of motion, grounding affidavit and any exhibits thereto shall be served on the

respondent at least twenty one days before the return date of the originating notice of motion.

5.                    The respondent and any other person directed by the Court to be served with the originating notice of motion may deliver a replying affidavit, in which event a copy of such affidavit shall be served upon the applicant or appellant and each other person upon whom the originating notice of motion has been served within fourteen days of the service by the applicant or appellant of the originating notice of motion.

6.                    An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the notice of motion, grounding affidavit and exhibits (if any) shall be filed before the motion is heard.

7.                    On the return date of an originating notice of motion pursuant to this Order (or on any adjournment from such date), the Court may make such order or give such directions, including the fixing of time limits, for the conduct of the proceedings as appear convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings.

8.                    Save where the Court otherwise directs, proceedings under this Order shall be heard and determined on affidavit.

9.                    The Registrar shall cause a copy of any order made on an application under section 36(2) of the Act to be sent to the Superintendent of the Garda Síochána for the district in which the applicant ordinarily resides, to the licensing authority concerned, and to any other person on notice of the application.”

2.   The provisions of these rules which relate to matters to which section 35(7) of the Taxi Regulation Act 2003 applies shall come into operation when section 35(7) of that Act comes into effect. The remaining provisions of these rules shall come into operation on the 19^th day of June 2006.

3.   These rules shall be construed together with the Rules of the Superior Courts 1986 to 2006 and may be cited as the Rules of the Superior Courts (Taxi Regulation 2006.

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules facilitate applications and appeals under section 36 of the Taxi Regulation Act 2003 .